Kansas Attorney General Kris Kobach has announced a lawsuit against the Biden Administration over a new federal rule under the Title IX statute that protects against sex discrimination in education programs and activities.

Kobach said the rule replaces the word “sex” with “gender identity.”  He said in the statute, “male means biological male, and female means biological female. Biden’s department of education has no authority to do what it is attempting to do.”    Kobach claims that under the rule, a 16-year-old female on an overnight trip could be forced to share a hotel room with a biological male who identifies as a girl, or the district would lose federal funding. A 14-year-old girl could be forced to share a locker room and change in front of an 18-year-old biological male who identifies as a woman, or the district could lose funds.

Kobach’s lawsuit also claims the new Title IX rule will incentivize abortion and pose serious due process problems on college campuses related to sexual harassment accusations. The rule violates the First Amendment rights of teachers and school employees who have sincerely held religious beliefs that would prevent them from complying with the rule.

The attorneys general of Alaska, Wyoming and Utah have joined Kansas in the lawsuit.

In response to the lawsuit, ACLU of Kansas executive director Micha Kubic said Kobach is misunderstanding the purpose and intent of Title IX regulations, or he is purposely misinterpreting them.   Kubic said in a press release, “The U.S. Department of Education’s rules require that schools guarantee that all students, including survivors of sexual harassment, LGBTQ students, and pregnant and parenting students, have full and equal access to educational opportunities regardless of sex. To Mr. Kobach, the issuance of the rule is an opportunity to advance his extreme agenda — but for Kansans who face sexual harassment and violence, this is about protecting their right to be safe in leaving their rooms, going to class, or getting help they need.”